The tribe already filed an appeal but the Department of Justice, which is under new leadership, has not yet made the call one way or another. The Trump administration now has until April 27 to decide, according to news reports.

Although anything is possible, it would be unusual if the Trump team did not join the appeal. Just last week, Justice submitted a brief in a very similar land-into-trust case involving the Cowlitz Tribe and its casino in Washington state.

Both cases are based on the BIA's handling of Carcieri since 2009 but the Mashpees lost while the Cowlitz won. And the decisions in both cases were issued with a day of each other, albeit in different federal courts.

If the Mashpees succeed in their appeal, they plan to resume work on the $1 billion First Light Resort and
Casino in the city of Taunton in Massachusetts.

The Cowlitz, on the other hand, are only a month away from debuting ilani Casino Resort in Washington.